Citation Nr: 0421152
Decision Date: 08/03/04 Archive Date: 08/09/04
DOCKET NO. 02-19 888 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Portland,
Oregon
THE ISSUE
Entitlement to a total disability rating based on individual
unemployability (TDIU).
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
L. Crohe, Associate Counsel
INTRODUCTION
The appellant is a veteran who apparently served on active
duty from September 1940 to June 1943. This case is before
to the Board of Veterans' Appeals (Board) on appeal from an
April 2002 rating decision by the Portland Regional Office
(RO) of the Department of Veterans Affairs (VA).
This appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify you if
further action is required on your part.
REMAND
The veteran apparently receives ongoing treatment at Walla
Walla VA Medical Center (VAMC); however, there are no
treatment records after the last VA examination in October
2001. The record suggests that there may be almost three
years of VA treatment/consultation records that have not been
secured and associated with the claims file. Since VA
records are constructively of record (and may have some
bearing on the veteran's claim), they must be secured.
On October 2001 VA examination, the impression was that the
veteran had an increase in post-traumatic stress disorder
(PTSD) symptoms of insomnia, irritability, nightmares, and
avoidance since the September 11, 2001 terrorist attacks.
The examiner expected the increased PTSD symptoms to continue
for approximately another two months. She indicated that the
symptoms should "settle down" because earlier they had been
stable, and of considerably lesser degree. The examiner did
not comment on the veteran's employability. The extent of
the veteran's current PTSD symptoms is unclear because the
October 2001 VA examination is the last medical record on
file. Since the last VA examination was almost three years
ago, it is plausible that his symptoms have changed. In
light of the foregoing, a new VA examination is indicated.
Accordingly the case is remanded to the RO for the following:
1. The veteran should be asked to
identify all medical care
providers/specialist consultants who have
treated him (or provided consultation)
for his PTSD since October 2001. The RO
must obtain complete treatment records
(those not already in the claims folder)
from all treatment sources identified.
2. The RO should then arrange for a VA
psychiatric examination to ascertain the
impact of the veteran's PTSD on his
employability. The examiner should opine
as to whether the veteran's service
connected psychiatric disability, alone,
renders him unemployable. The veteran's
claims folder must be available to the
examiner for review in conjunction with
the examination. The examiner should
explain the rationale for any opinions
given.
3. The RO should then readjudicate the
claim. If TDIU remains denied, the
veteran and his representative should be
provided an appropriate supplemental
statement of the case, and given the
opportunity to respond.
The appellant has the right to submit additional evidence and
argument on the matter the Board has remanded to the RO.
Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim
must be afforded expeditious treatment by the RO. The law
requires that all claims that are remanded by the Board for
additional development or other appropriate action must be
handled in an expeditious manner.
_________________________________________________
GEORGE R. SENYK
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2003).